A member of the Co-operative Society is a consumer under the Consumer Protection Act.

The co-operative society is bound to provide all services to the member of the society as are prescribed under the consumer protection Act.

It is the will of the member, whether he wishes to file a complaint in a Consumer forum or in the Registrar of co-operative Societies.

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DEFICIENCIES IN SERVICES BY A CO-OPERATIVE SOCIETY

If any member feels that his representations are not properly attended by the managing committee and he is not able to enjoy all the rights of his flat and other facilities, the member is free to file a complaint under the consumer protection act to get compensation for the deficiencies in services.

The Consumer Forum as well as the Registrar will have to give directions to the management of the Society, if a Prayer is made by the member in his complaint. If the management again fails to abide by the directions, they shall be liable for serious offences like Contempt of Court and may be sent to Jail or heavily penalized.

WHO IS CONSUMER: Any one who purchases an item or receives services for a price. The member of the co-operative societies is therefore a consumer.

WHAT IS UN-FAIR TRADE PRACTICE: Any practice which a normal person understands that the practice takes away the rights of the person without any reasonable cause can further take advice from a legal expert.

WHAT IS DEFICIENCY IN SERVICES: Any person who thinks that the quality and time of providing certain services to him or her are not conforming to the agreed terms can further take advice from a legal expert.

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22 Comments

In Arbitration case under West Bengal Co-operative Societies Act, I filed petition against West Bengal Housing Board. In that case, judgement went in my favour. But no compensation was granted. Not only that, I am directed to repair defects in the construction of flat which was constructed more than 23/24 years ago. After doing repair work, I shall claim cost of repair from West Bengal Housing Board. At this stage, whether it is possible that Hon’ble High Court can be approached or only it is possible to approach to Co-operative Tribunal ? If High Court is my option, whether it can be done as for violation of Human Rights or Fundamental Rights or for specific performance for which I had suffered for about 20 years.

Maharashtra State Consumer Commission has given award completely in my favour saying that I am a consumer and my housing society is a service provider and there is a deficiency in service. I have approached the National Commission for Compensation claim. The NC has told me to either withdraw the claim or it will annul the SC order as I am not a consumer and society is not a service provider. The petition admittance hearing is on 27th April. Can you pl guide/help me asap? Thanks and regards, Mahesh Mehta

So I have a commercial property which had water connection when we purchased the property. However since we needed the shop for retail purposes we closed the water connection. However now we wish to give the property on rent to a third party who needs water connection. Have requested the building to provide water connection permissions however due to building politics & issues – they are denying in giving us the connection after following up multiple times. Other shops in the neighbourhood have got water connection added. It is a housing cooperative society. How do we solve the problem of water?

I am a member of a registered Cooperative Housing Society in Mumbai. My society is undergoing the process of redevelopment of the society buildings for which it has appointed a Project Management Consultant (PMC). This PMC has failed in providing his duty-bound services as per Maharashtra Cooperative Societies Act 1960 and its amendments. PMC could do this in connivance with the Managing Committee of the society. Please provide me past precedents stating that PMC is a service provider to the society and also to individual member of the society under CPA 1986. Also sir, I am looking for any such precedents in which it is stated as under:

When a PMC is taken to the court under CPA 1986 and other acts in Consumer Courts, The jurisdiction will depend on the MARKET TRENDS OF CHARGES OTHER PMC ARE CHARGING TO THE SOCIETY and not by the charges existing PMC has charged to the society. The point is: This PMC has failed in providing the services. NOW, if the court rules against this PMC, then the society will have to appoint an another PMC who will charge as per the market prices and not as per the charges charged by old PMC. Old PMC has had undercut his prices in connivance with the Managing Committee of the society so as to bag the contract. Once the PMC got the appointment letter, his colors changed. He lacked in his services and hence I as a member of the society had to knock the doors of Consumer Court.

My Question is: Can I get precedent in which jurisdiction is decided on the prevailing Market Prices of the services available in market and not by the charges existing PMC has charged. There is a reason for this argument. The reason is: In the event of the society appointing a NEW PMC if court rules against the Old PMC, the society has to pay to New PMC as per market Norms. Hence, can I decide jurisdiction of this case as per the AMOUNT, PREVAILING IN MARKET FOR THE CHARGES TO BE PAID TO ANY PMC….? Hence, can I also make this AMOUNT as my prayer of reliefs I will be seeking from the Court?

Secondly, are there any precendet or provision in CPA 1986 that a service provider can be held guilty for charging exhorbitantly LOWER than the prevailing market prices?

a housing development cooperative society has sold a plot of land to me in 14 years back. but the same society has not yet handed over me the same allotted plot by registration. can this case fall within the jurisdiction of consumer protection act?

Sir,
Our housing society consists of 25 members out of which 18 are operating commercial offices. Due to the brute majority they have formed their own committee and are neglecting the concerns of the minority resident members.

Now I wish to leave the society but am not getting a fair price due to the commercial activity of the above members. Can I approach the consumer court for.
1) Deficiency in service. (Security,water supply etc)
2) Illegal usage of the premises
3) Equal maintenance charge, though the use of common services is more by the illegal commercial users.
4) Loss of value of flat.
Note the Municipal Corporation has filed cases against the illegal users.

Sir,I am a legal member of the Co-0p Housing Society in Mumbai. The Society was registered in 2003.Its almost 13 years and the Managing Committee under one pretext or another did not request the Builder to transfer conveyance in favour of the Society till this day. Surprisingly the Managing Committee gets elected every year and even non-member of the Society is made a Secretary. The process of selection itself is contrary to MCS rules. Even after 13 years model bye-laws have not been adopted. No internal audit is conducted. No minutes of the General Body Meetings are circulated. A few individuals who have been controlling the society affairs pick-up even a non member on Managing Committee. No two lady members which is a must according to MCS Rules are inducted in the Committee. Names of the Chairman/Secretary/Treasurer are circulated or put on Notice Board.
Now my query: Since the Successive Managing Committees have neglected to approach the Builder to transfer the Conveyance due to reasons best known to them even after 13 years, can I as a Senior Citizen approach the Consumer Court for deficiency in service and mental agony caused to me for 13 long years. I need not mention here the enormous dis-advantages the members have to face if the title in the land and the building is not transferred in favour of the registered society? My society is 24 years old and is very poorly maintained. CAN I GO TO CONSUMER COURT FOR DEFICIENCY IN SERVICE AND MENTAL AGONY AGAINST THE CURRENT CHAIRMAN/SECRETARY AS THE BUILDER NOWAY COMES IN THE PICTURE AS HE WAS NOT REQUESTED FOR TRANSFER OF THE CONVEYANCE. WHAT COULD BE THE MAXIMUM AMOUNT I CAN CLAIM FOR DEFICIENCY IN SERVICE AND MENTAL AGONY?. I approached the Dy. Registrar of the Society but no positive response.

Sir, I am a member of co-op housing society in Delhi, can I file a complaint in consumer Forum regarding deficiency in services against the Management Committee of the Society?and claim compensation for the damages.Please guide.

I have purchsed flat in Parmeshwar Krupa Apartment. Builder did not form society in spite of receiving money on that account i.e. formation of society from the members of the society as some flats have not been sold yet since last 7 years. What action can I take and before which forum I can complain about the same. Plz guide me.
Regards…
Vaishali Chaudhary

Whether a co-operative housing society can hold a monthly meeting and discuss something there without any prior agenda, and start applying some decision with consent/presence of limited members (let’s say 1/5th no.). The minutes of the meeting being also not circulated among rest of the members.
Please provide some reference/document which provides the rules/considerations while holding a monthly meeting and action taken thereafter.

I am a member of a co-operative society. The co-operative society is charging me lift maintenance, but, I don’t have a lift in my wing. The other wings have lift. I have raised this issue in many annual meetings, but my complaint has been heard by deaf ears. So, can I file a consumer complaint instead of approaching the Co-operative Court. Is there any judgement from the Supreme Court to that effect. Kindly provide me with the citation of the judgement.

Sir, I am a senior citizen and was ex-chairman of our society, after my resignation a new managing committee is got elected, they are keeping enimity with me to take thier revange they are by fabricating the false storise are sending me one and another base less notices and imposing exorbitant penalties upon me against the bye-laws of society, in this regard can i file a criminal case against them. please advice yes then under which section of IPC i can file criminal case against them, please advice as soon as possible and oblige on me or advice any remedy to stop them for their aforesaid illegal acts, yours, Mirza.

I am a member of a chs since 1973 and in possession for 40+ years and have been getting maintenance bills in my name. From April 2016 the new MC has removed my name from the bills and have started issuing bills without any name, The society also filed application u/s 35 to expel me from membership. However, the Dy. Registrar by his order dt.2.7.2016 rejected the society’s application for my expulsion. However, inspite of the Order that I am a member, the bills are still coming blank,

I again approached the Dy. Registrar to get the order enforced so that the bills are made in my name. The Dy. Registrar sent a notice to the society for a hearing. Nobody from the MC came. Thereafter 3 more hearings were held but none of the MC members attended. The Dy. Registrar finally closed the case for an exparte order on 3.4.2018. I will have to keep chasing the Dy. Registrar’s office for the order.

In the meantime can I file a case in the consumer court for deficiency of service by the Society?

Sir i am a member of a housing soceity in Westbengal Kolkata .we have decided to install the lift in our complex and passed the resolution in Generalbody meeting.But after one year the committee don’t show any intention to start the work.As our building is 4storied,there are so many members are unable to climb the stairs ,including me due to their health problems and leading an unbearable life .what can we do for this ? Plz advice us..